COOPERAZIONE PENALE IN AMBITO EUROPEO. SVILUPPI RECENTI

The present study is the result of research concerning recent developments in the field of cooperation in criminal matters in the European context. The first chapter provides a brief survey of developments in the area of freedom, security and justice in the European Union, especially after the entry into force of the Lisbon Treaty. The second chapter on police cooperation in criminal matters, deals with the institution of joint investigation teams, and the structure and functioning of Europol, as well as, in particular, its relations with Eurojust and the European Parliament, Olaf and the suppression of crime through the instruments of the European Union. The third chapter deals with the field of judicial cooperation in criminal matters, explaining the features and operation of the European Judicial Network and Eurojust, focusing in particular on the relationships and synergies between the latter and Europol, Olaf, the European Judicial Network, as well as profiles of constitutionality and prospects arising from the decision of the Constitutional Court about the nature of Eurojust. The work also provides an analysis of the recent proposal for the creation of a European Public Prosecutor and the possible relationship between the latter and Eurojust. The fourth chapter, after a brief introduction about the movement of personal data within the legal framework of the European Union, provides an analysis of the main databases for EU police and judicial cooperation, aimed at the prevention and combating of crime. The last chapter discusses the issue of protection of genetic data in the international and the European Union, focusing on the well-known judgment S. and Marper v. United Kingdom, illustrating the main features of the Italian law transposing the Prüm Treaty, the national database of DNA profiles as well constitutional and weaknesses in relation to the new perspectives of investigation.